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H1-B Visas and TARP

The American Reinvestment and Recovery Act signed on February 17, 2009, places certain restrictions on companies receiving government bailout funds with respect to their ability to hire foreign workers. More after the break. Any company receiving bailout funds which seeks to file an H1-B petition must certify that it has in “good faith” attempted to […]

The American Reinvestment and Recovery Act signed on February 17, 2009, places certain restrictions on companies receiving government bailout funds with respect to their ability to hire foreign workers. More after the break.

Any company receiving bailout funds which seeks to file an H1-B petition must certify that it has in “good faith” attempted to hire a US worker but was unable to do so. Additionally, companies seeking to fill a position with an H1-B worker must not have laid off any US worker in a similar position for 90 days either prior to or after the H1-B hire. (Note that this restriction does not currently apply in a flow-down manner to companies that TARP recipients might hire for outsourced services.)

Contributed by Robert R. Gillispie

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